Q: Can a month to month tenant ask for a lease renewal sooner than the 90 days we are required to give to them?
I just started as a property manager at my company in August of 2020. My predecessor was bad at sending out renewals on time to fixed term tenants. I have a tenant that's lease expired 10/31/20 and they asked me about it on 10/21/20. Seeing that a renewal was not sent I generated one and sent it. To be safe I wanted to give them at least 90 days because we increased their rent. They have asked to make it effective sooner. With written consent can we do that? I couldn't find the answer anywhere. Thank you.
A: Sure, you can enter into a new lease anytime that both sides/parties agree. That said, no, you cannot lawfully raise rent without at least 90 days advanced written notice. There is no reason, however, the new lease cannot provide for the old rent until 90 days have passed and then have the rent raised during the lease term, so long as it is specified in the new lease document.
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